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If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.
It is the policy of the University of Wyoming that the unlawful manufacture, sale, distribution, dispensing, use, or possession of any controlled substance by employees is prohibited while on the job or on University owned or controlled property.
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
Random drug testing is allowed in Montana, as long as the employer has a clearly-defined workplace policy and employees are notified of the policy at least 60 days in advance.
This state has no known statutes restricting workplace drug or alcohol testing. No known regulation limits workplace drug or alcohol testing.
All covered employees are required to submit to drug and alcohol tests as a condition of employment.
You're allowed to ask about current illegal drug use. But asking might not be useful: few, if any, people would say yes. You'll get a clearer answer from a legal drug test.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
Most companies require potential employees to undergo a drug test before finalizing the job offer. This is the policy for well-established and reputable companies, and it is an expected part of the application process for any position.
Prior to making an offer, an employer may ask an applicant whether he or she is currently using, or has in the past used, illegal drugs or alcohol as long as the questions are not likely to elicit information about past drug addiction, which is a disability under the Americans with Disabilities Act (ADA).